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VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
Rating Issues
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Tbird, -
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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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RichardZ, -
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Question
Mil T
Hi.
I'm not sure if this is the best place to ask this but I'll start here and if it is necessary to move it, I'll let Admin do it.
I have a question regarding using various study's regarding certain disability's that can be used as medical evidence.
Case in point is using the following;
NOISE AND MILITARY SERVICE
Implications for Hearing Loss and Tinnitus
Committee on Noise-Induced Hearing Loss and Tinnitus Associated with Military Service from World War II to the Present
Medical Follow-up Agency
Larry E. Humes, Lois M. Joellenbeck, and Jane S. Durch, Editors
INSTITUTE OF MEDICINE OF THE NATIONAL ACADEMIES
THE NATIONAL ACADEMIES PRESS
Washington, DC www.nap.edu
http://www.nap.edu/openbook.php?record_id=11443&page=R1
This study was ordered by congress and commissioned by the VA. There is a lot of good evidence to counter what sometimes are flakey reasons for denials on claims from the VA. Such as the comment that there is no evidence from your medical service records of tests showing complaints of a hearing loss or tinnitus during or immediatly after seperation.
The study clearly showed that there mostly were no entry or seperation Auditory exams to show this could have happened. In the Army, for instance that from WWII to 1970 only 4% military personel were given auditory exams upon entry or seperation from Service. This stat should be able to support the idea that the VA should not or cannot use the comments that they use to deny a nexus. The fact is that the miltitary never gave adequate exams. They relied on the whisper tests in those days and most of the time never gave those correctly. If you were given one of those then how can the VA deny based on what the law criteria says now that must use an Audio Test to show the disability levels for award of disability. I know most Vets I talk with and also my own experience, (Vietnam) were given one choise of that if you wanted to wait around for the test they would let you but most of us were getting dero's out of Vietnam and certaily did not want to wait around for anything. We just wanted to get out of town and home as quickly as possible so the test was to line up on a wall and the examiner was 20 feet away asking everyone if they can hear him ok. Of course everyone could hear him ok. Usually a response would be YEA, Were's the closest bar??
There are other disabilities that are supported by different studies that the VA has commissioned in the past that can be used for evidence.
One comment in another study states that tinnitus is a symptom of hearing loss. I have seen award letters come back to say that tinnitus is denied but they get an award for Hearing Loss. Kind of an oxy-moron if you as me.
I'd like to get some opinions from others that file claims and assist others in filing claims such as VSO's etc.
I help Vets in my little town file claims all the time and have used some of these studies but have never really found out if they could be considered an IMO per-sey or if it is just good layman evidence.
Thanks,
Mil T
We Were Young
We Were Soldiers
We Are Brothers Forever
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